Paper Info
Title
Digital evidence: Unaddressed threats to fairness and the presumption of innocence
Abstract
Contemporary criminal investigation assisted by computing technology imposes challenges to the right to a fair trial and the scientific validity of digital evidence. This paper identi-fies three categories of unaddressed threats to fairness and the presumption of innocence during investigations - ( i) the inappropriate and inconsistent use of technology; (ii) old pro-cedural guarantees, which are not adapted to contemporary digital evidence processes and services; (iii) and the lack of reliability testing in digital forensics practice. Further, the solu-tions that have been suggested to overcome these issues are critically reviewed to identify their shortcomings. Ultimately, the paper argues for the need of legislative intervention and enforcement of standards and validation procedures for digital evidence in order to pro-tect innocent suspects and all parties in the criminal proceedings from the negative conse-quences of technology-assisted investigations. (c) 2021 The Authors. Published by Elsevier Ltd. This is an open access article under the CC BY license ( http://creativecommons.org/licenses/by/4.0/ )
Year
DOI
Venue
2021
10.1016/j.clsr.2021.105575
COMPUTER LAW & SECURITY REVIEW
Keywords
DocType
Volume
Presumption of innocence, Digital evidence, Reliability, Digital forensics, Fair trial
Journal
42
ISSN
Citations 
PageRank 
0267-3649
0
0.34
References 
Authors
0
1
Name
Order
Citations
PageRank
Radina Stoykova112.07